Legal Opinion

James v. Goord

Appellate Division of the Supreme Court of the State of New York

Decided March 22, 2001PublishedCited by 3 opinions

1Opinion of the CourtPeters, J.

Appeal from a judgment of the Supreme Court (Castellino, J.), entered December 21, 1999 in Chemung County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition as time barred.

Following a tier III hearing, petitioner was found guilty of violating certain prison disciplinary rules. Upon petitioner’s receipt of the administrative affirmance of such determination on April 6, 1999, a CPLR article 78 proceeding was commenced. Respondents successfully moved to dismiss the proceeding on timeliness grounds, prompting this appeal.

Petitioner’s receipt…

2Cases cited6 opinions

  1. Houston v. LackSupreme Court of the United States · 1988
  2. Biondo v. New York State Board of ParoleNew York Court of Appeals · 1983
  3. Grant v. SenkowskiNew York Court of Appeals · 2001
  4. Shell v. McCrayAppellate Division of the Supreme Court of the State of New York · 1999
  5. Mandala v. JablonskyAppellate Division of the Supreme Court of the State of New York · 1997

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3Cited by3 opinions

  1. Cunningham v. FischerAppellate Division of the Supreme Court of the State of New York · 2008
  2. Blanche v. SelskyAppellate Division of the Supreme Court of the State of New York · 2004
  3. Morales v. SelskyAppellate Division of the Supreme Court of the State of New York · 2001

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